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92_SB1545eng SB1545 Engrossed LRB9211370NTpk 1 AN ACT concerning schools. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The School Code is amended by changing 5 Sections 2-3.12 and 3-14.20 as follows: 6 (105 ILCS 5/2-3.12) (from Ch. 122, par. 2-3.12) 7 Sec. 2-3.12. School building code. To prepare for school 8 boards with the advice of the Department of Public Health, 9 the Capital Development Board, and the State Fire Marshal a 10 school building code that will conserve the health and safety 11 and general welfare of the pupils and school personnel and 12 others who use public school facilities. 13 The document known as "Efficient and Adequate Standards 14 for the Construction of Schools" applies only to temporary 15 school facilities, new school buildings, and additions to 16 existing schools whose construction contracts are awarded 17 after July 1, 1965. On or before July 1, 1967, each school 18 board shall have its school district buildings that were 19 constructed prior to January 1, 1955, surveyed by an 20 architect or engineer licensed in the State of Illinois as to 21 minimum standards necessary to conserve the health and safety 22 of the pupils enrolled in the school buildings of the 23 district. Buildings constructed between January 1, 1955 and 24 July 1, 1965, not owned by the State of Illinois, shall be 25 surveyed by an architect or engineer licensed in the State of 26 Illinois beginning 10 years after acceptance of the completed 27 building by the school board. Buildings constructed between 28 January 1, 1955 and July 1, 1955 and previously exempt under 29 the provisions of Section 35-27 shall be surveyed prior to 30 July 1, 1977 by an architect or engineer licensed in the 31 State of Illinois. The architect or engineer, using the SB1545 Engrossed -2- LRB9211370NTpk 1 document known as "Building Specifications for Health and 2 Safety in Public Schools" as a guide, shall make a report of 3 the findings of the survey to the school board, giving 4 priority in that report to fire safety problems and 5 recommendations thereon if any such problems exist. The 6 school board of each district so surveyed and receiving a 7 report of needed recommendations to be made to improve 8 standards of safety and health of the pupils enrolled has 9 until July 1, 1970, or in case of buildings not owned by the 10 State of Illinois and completed between January 1, 1955 and 11 July 1, 1965 or in the case of buildings previously exempt 12 under the provisions of Section 35-27 has a period of 3 years 13 after the survey is commenced, to effectuate those 14 recommendations, giving first attention to the 15 recommendations in the survey report having priority status, 16 and is authorized to levy the tax provided for in Section 17 17-2.11, according to the provisions of that Section, to make 18 such improvements. School boards unable to effectuate those 19 recommendations prior to July 1, 1970, on July 1, 1980 in the 20 case of buildings previously exempt under the provisions of 21 Section 35-27, may petition the State Superintendent of 22 Education upon the recommendation of the Regional 23 Superintendent for an extension of time. The extension of 24 time may be granted by the State Superintendent of Education 25 for a period of one year, but may be extended from year to 26 year provided substantial progress, in the opinion of the 27 State Superintendent of Education, is being made toward 28 compliance. However, for fire protection issues, only one 29 one-year extension may be made, and no other provision of 30 this Code or an applicable code may supersede this 31 requirement. For routine inspections, fire officials shall 32 provide written notice to the superintendent of the school 33 district to schedule a date for the fire safety check. 34 Within 2 years after the effective date of this SB1545 Engrossed -3- LRB9211370NTpk 1 amendatory Act of 1983, and every 10 years thereafter, or at 2 such other times as the State Board of Education deems 3 necessary or the regional superintendent so orders, each 4 school board subject to the provisions of this Section shall 5 again survey its school buildings and effectuate any 6 recommendations in accordance with the procedures set forth 7 herein. An architect or engineer licensed in the State of 8 Illinois is required to conduct the surveys under the 9 provisions of this Section and shall make a report of the 10 findings of the survey titled "safety survey report" to the 11 school board. The school board shall approve the safety 12 survey report, including any recommendations to effectuate 13 compliance with the code, and submit it to the Regional 14 Superintendent. The Regional Superintendent shall render a 15 decision regarding approval or denial and submit the safety 16 survey report to the State Superintendent of Education. The 17 State Superintendent of Education shall approve or deny the 18 report including recommendations to effectuate compliance 19 with the code and, if approved, issue a certificate of 20 approval. Upon receipt of the certificate of approval, the 21 Regional Superintendent shall issue an order to effect any 22 approved recommendations included in the report. Items in 23 the report shall be prioritized. Urgent items shall be 24 considered as those items related to life safety problems 25 that present an immediate hazard to the safety of students. 26 Required items shall be considered as those items that are 27 necessary for a safe environment but present less of an 28 immediate hazard to the safety of students. Urgent and 29 required items shall reference a specific rule in the code 30 authorized by this Section that is currently being violated 31 or will be violated within the next 12 months if the 32 violation is not remedied. The school board of each district 33 so surveyed and receiving a report of needed recommendations 34 to be made to maintain standards of safety and health of the SB1545 Engrossed -4- LRB9211370NTpk 1 pupils enrolled shall effectuate the correction of urgent 2 items as soon as achievable to ensure the safety of the 3 students, but in no case more than one year after the date of 4 the State Superintendent of Education's approval of the 5 recommendation. Required items shall be corrected in a 6 timely manner, but in no case more than 5 years from the date 7 of the State Superintendent of Education's approval of the 8 recommendation. Once each year the school board shall submit 9 a report of progress on completion of any recommendations to 10 effectuate compliance with the code. For each year that the 11 school board does not effectuate any or all approved 12 recommendations, it shall petition the Regional 13 Superintendent and the State Superintendent of Education 14 detailing what work was completed in the previous year and a 15 work plan for completion of the remaining work. If in the 16 judgement of the Regional Superintendent and the State 17 Superintendent of Education substantial progress has been 18 made and just cause has been shown by the school board, the 19 petition for a one year extension of time may be approved. 20 As soon as practicable, but not later than 2 years after 21 the effective date of this amendatory Act of 1992, the State 22 Board of Education shall combine the document known as 23 "Efficient and Adequate Standards for the Construction of 24 Schools" with the document known as "Building Specifications 25 for Health and Safety in Public Schools" together with any 26 modifications or additions that may be deemed necessary. The 27 combined document shall be known as the "Health/Life Safety 28 Code for Public Schools" and shall be the governing code for 29 all facilities that house public school students or are 30 otherwise used for public school purposes, whether such 31 facilities are permanent or temporary and whether they are 32 owned, leased, rented, or otherwise used by the district. 33 Facilities owned by a school district but that are not used 34 to house public school students or are not used for public SB1545 Engrossed -5- LRB9211370NTpk 1 school purposes shall be governed by separate provisions 2 within the code authorized by this Section. 3 The 10 year survey cycle specified in this Section shall 4 continue to apply based upon the standards contained in the 5 "Health/Life Safety Code for Public Schools", which shall 6 specify building standards for buildings that are constructed 7 prior to the effective date of this amendatory Act of 1992 8 and for buildings that are constructed after that date. 9 The "Health/Life Safety Code for Public Schools" shall be 10 the governing code for public schools; however, the 11 provisions of this Section shall not preclude inspection of 12 school premises and buildings pursuant to Section 9 of the 13 Fire Investigation Act, provided that the provisions of the 14 "Health/Life Safety Code for Public Schools", or such 15 predecessor document authorized by this Section as may be 16 applicable are used, and provided that those inspections are 17 coordinated with the Regional Superintendent having 18 jurisdiction over the public school facility. Nothing in 19 this Section shall be construed to prohibit a local fire 20 department, fire protection district, or the Office of the 21 State Fire Marshal from conducting a fire safety check in a 22 public school. 23 Any agency having jurisdiction beyond the scope of the 24 applicable document authorized by this Section may issue a 25 lawful order to a school board to effectuate recommendations, 26 and the school board receiving the order shall certify to the 27 Regional Superintendent and the State Superintendent of 28 Education when it has complied with the order. 29 The State Board of Education is authorized to adopt any 30 rules that are necessary relating to the administration and 31 enforcement of the provisions of this Section. The code 32 authorized by this Section shall apply only to those school 33 districts having a population of less than 500,000 34 inhabitants. SB1545 Engrossed -6- LRB9211370NTpk 1 (Source: P.A. 89-397, eff. 8-20-95; 90-811, eff. 1-26-99.) 2 (105 ILCS 5/3-14.20) (from Ch. 122, par. 3-14.20) 3 Sec. 3-14.20. Building plans and specifications. To 4 inspect the building plans and specifications, including but 5 not limited to plans and specifications for the heating, 6 ventilating, lighting, seating, water supply, toilets and 7 safety against fire of public school rooms and buildings 8 submitted to him by school boards, and to approve all those 9 which comply substantially with the building code authorized 10 in Section 2-3.12. If such plans and specifications are not 11 approved or denied approval by the regional superintendent of 12 schools within 3 months after the date on which they are 13 submitted to him or her, the school board may submit such 14 plans and specifications directly to the State Superintendent 15 of Education for approval or denial. 16 The regional superintendent of schools shall submit, 17 within 10 working days, a copy of the plans and 18 specifications for review by the local fire department or 19 fire protection district where the school is being 20 constructed or altered if the fire department or fire 21 protection district requests such a review. The fire 22 department or fire protection district may comment on the 23 plans and specifications based on the building code 24 authorized in Section 2-3.12 of the Code and, if any 25 corrective action must be taken, shall respond to the 26 regional superintendent of schools within 15 days after 27 receipt of the plans and specifications. The Office of the 28 State Fire Marshal may review the plans and specifications at 29 the request of the fire department or fire protection 30 district. The review must be conducted at no cost to the 31 school district. Upon being notified by the regional 32 superintendent of schools that corrective action must be 33 taken to resolve a violation, the school board shall take SB1545 Engrossed -7- LRB9211370NTpk 1 corrective action within one year, except that a violation 2 that presents imminent danger must be addressed immediately. 3 (Source: P.A. 86-1312; 87-984.)